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PEOPLE v. MOORE

694 KA 19-00778.

198 A.D.3d 1304 (2021)

152 N.Y.S.3d 388

2021 NY Slip Op 05202

The People of the State of New York, Respondent, v. Arthur Moore, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 1, 2021.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of rape in the third degree (Penal Law § 130.25[3]) and unlawful imprisonment in the second degree (§ 135.05). We affirm.

Viewing the evidence in light of the elements of the crime of rape in the third degree as charged to the jury (see People v Danielson, 9 N.Y.3d...

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